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Public Road Xing Developer's Overpass ExB-1 Approved A VP-Law 080852006 , BUIL.DING AMERICA" m EXHIBIT B-1 TO PUBLIC ROAD CROSSING DEVELOPER'S OVERPASS AGREEMENT CONTRACT INSURANCE REQUIREMENTS Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement (except as otherwise provided in this Agreement) the following insurance coverage: A. Commercial General Liabilitv insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000, CGL insurance must be written on ISO occurrence form CG 00 01 1204 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: . Contractual Liability Railroads ISO form CG 24 17 1001 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site, B. Business Automobile Coveraae insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident. The policy must contain the following endorsements, which must be stated on the certificate of insurance: . Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 1001 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site . Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. C. Workers Compensation and Emplovers Liabilitv insurance, Coverage must include but not be limited to: . Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement. . Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee, If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U S Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable D. Railroad Protective Liabilitv insurance, Contractor must maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 1204 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000, A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. E. Umbrella or Excess insurance If Contractor utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy, Other Requirements F. All policy(ies) required above (except worker's compensation and employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 2026, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. G. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed, H. Contractor waives all rights against Railroad and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the workers compensation and employers liability or commercial umbrella or excess liability insurance obtained by Contractor required by this agreement. Approved: Insurance Group Created: 2/10/06, Lasl Modified: 2/10106 Page 1 of 2 Exhibit B-1 Insurance Requirements To Public Road Crossing Developer's Overpass Agreement